﻿<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd">
<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en">
<head>
<title>Beta End User License Agreement</title>
</head>

<body leftmargin="10" rightmargin="10" topmargin="20" style="color: #FFFFFF; background-color: #000A29">
<font size="2">

<CENTER><U><B>End User License Agreement (EULA)</B></U></CENTER>

<p align="justify">
<B>THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GLYMPSE, INC. IF YOU ARE OBTAINING A LICENSE ON BEHALF OF AN ORGANIZATION, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION AND THAT THE ORGANIZATION WILL BE BOUND BY THESE TERMS, AND THE TERM “YOU” SHALL THEN REFER TO YOU AND YOUR ORGANIZATION. BY USING THIS SOFTWARE OR THE GLYMPSE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA WITH RESPECT TO THE ACCOMPANYING SOFTWARE AND THE TERMS AND CONDITIONS FOUND AT WWW.GLYMPSE.COM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SOFTWARE.</B>
</p>

<p align="justify">
1.<B>	Age Restrictions.</B> If you are not fourteen (14) years old or older, you may not use this software or the glympse service. If you are fourteen (14) or older but under the age of eighteen (18), then you agree to review these terms and conditions with your parent or guardian prior to installation and use of the software to make sure that both you and your parent or guardian understand and agree and you agree to have your parent or guardian review and accept this agreement on your behalf. If you are a parent or guardian entering this agreement for the benefit of a child aged (14) or older, then you agree to and accept full responsibility for that child&#39;s use of the Glympse software and service, including all financial charges and legal liability that he or she may incur.<br /><br />
2.<B>	Safety.</B> This Software, together with the Glympse service is designed to permit others to visualize your location (your portable mobile device) on a map. It is also designed to provide you with the ability to know when you are broadcasting your location and with the ability to limit the duration of such broadcast. Nonetheless, installation and use of the Software may involve special risks associated with other persons knowing your location. You should only share such information with those whom you trust. You should not endanger yourself or others by viewing a portable mobile device while driving, operating dangerous mechanical devices, or in other situations in which you should be observing your surroundings.<br /><br />
3.<B>	Software License.</B> Subject to the terms and conditions in this EULA, we grant you a non-exclusive, non-transferable, non-sublicensable license to install and use a copy of the Software on a single mobile device in object code form only and solely in connection with the Glympse service. You may not use it for any other purpose. Any software that updates, supplements or replaces the original Software is governed by this EULA unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this EULA or as otherwise provided in such separate terms.<br /><br />
4.<B>	License Limitations.</B> We reserve all rights not expressly granted to you in this EULA. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) rent, lease, loan, license or sell the Software; (b) distribute the Software except as expressly authorized by Glympse; (b) reverse engineer, decompile, disassemble or attempt to discover the source code for the Software; (d) modify, alter or create any derivative works of the Software; or (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software.<br /><br />
5.<B>	Ownership.</B> The Software is owned by Glympse and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title and interest in and to the Software, including all copyright and other intellectual property rights in the Software.<br /><br />
6.<B>	Disclaimers.</B> THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, THE SOFTWARE IS PROVIDED &quot;AS IS,&quot; WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. GLYMPSE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GLYMPSE DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS, AND GLYMPSE SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE SERVICE OR ANY OTHER PRODUCT OR SERVICE ASSOCIATED THEREWITH.<br /><br />
7.<B>	Limitation of Liability.</B> IN NO EVENT WILL GLYMPSE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATING TO THE SOFTWARE OR THIS EULA, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF GLYMPSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<br /><br />
8.<B>	Termination.</B> Glympse may terminate this EULA and any user accounts opened in connection with your use of the Software at any time for any reason or for no reason immediately upon notice. Upon such termination, you agree not to download, copy, install or use the Software (including any subsequent version of the Software) or register for any new user accounts. Glympse may also discontinue the service, in which case this EULA shall terminate automatically without notice. In the event of the termination of this EULA for any reason: (a) the license granted to you in this EULA will terminate; (b) you must immediately upon receiving any notice of termination cease all use of the Software and destroy or erase all copies of the Software in your possession or control. Sections 4-10, 12-15 shall survive termination.<br /><br />
9.<B>	Export Restrictions.</B> You may not export, ship, transmit or re-export software in violation of any applicable law or regulation including but not limited to Export Administration Regulations issued by the U. S. Department of Commerce.<br /><br />
10.<B>	U.S. Government Restricted Rights.</B> The Software and the documentation are “commercial items” as that term is defined in 48 C.F.R. 2.101 consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, if the licensee hereunder is the U.S. Government or any agency or department thereof, the Software and the documentation are licensed hereunder (i) only as a commercial items, and (ii) with only those rights as granted to all other end users pursuant to the terms and conditions hereof.<br /><br />
11.<B>	Assignment.</B> You may not assign this Agreement or any of your rights under this EULA or the Glympse terms and conditions of service without the prior written consent of Glympse, and any attempted assignment without such consent shall be void.<br /><br />
12.<B>	Jurisdiction.</B> If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington and you consent to exclusive jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington. You waive all defenses of lack of personal jurisdiction and forum non conveniens.<br /><br />
13.<B>	Severability.</B> If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.<br /><br />
14.<B>	No Waiver.</B> No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.<br /><br />
15.<B>	Entire Agreement.</B> This EULA, together with the terms and conditions of the service, constitute the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.
</p>
</font>
</body>
</html>